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New IPR Import Restrictions on Crawler Cranes, Opaque Polymers

Wednesday, April 22, 2015
Sandler, Travis & Rosenberg Trade Report

Crawler Cranes. In investigation 337-TA-887 of certain crawler cranes and components thereof, the International Trade Commission has determined that the importation, sale for importation and sale within the U.S. after importation of these products are violating Section 337 of the 1930 Tariff Act by reason of infringement of patents owned by, and misappropriation of trade secrets of, Manitowoc Cranes LLC.

The ITC has therefore issued a limited exclusion order prohibiting for ten years the unlicensed entry of subject goods that (a) infringe one or more of the specified patent claims and are manufactured or imported by or on behalf of the respondents or any of their affiliated companies, parents, subsidiaries, agents or other related business entities or their successors or assigns; and/or (b) are manufactured abroad or imported by or on behalf of the respondents or any of their affiliated companies, parents, subsidiaries or other related business entities or their successors or assigns using any of specified trade secrets.

The ITC is also issuing a cease and desist order prohibiting the domestic respondent from conducting any of the following activities in the United States: importing, selling, marketing, advertising, distributing, transferring (except for exportation) and soliciting U.S. agents or distributors for subject items manufactured using any of the specified trade secrets.

Finally, the Commission has determined that the bond under which infringing articles can enter the U.S. during the 60-day period of presidential review of the ITC’s remedy will be in the amount of 100 percent of the entered value of the imported articles that are subject to the limited exclusion order or cease and desist order.

Opaque Polymers. In investigation 337-TA-883 of certain opaque polymers, the ITC has found that the importation, sale for importation and sale within the U.S. after importation of these items are violating Section 337 of the 1930 Tariff Act by reason of misappropriation of trade secrets.

As a result, the ITC has issued a limited exclusion order prohibiting, for 25 years, the entry of opaque polymers manufactured using any of the misappropriated trade secrets identified by complainant Dow Chemical Company and Rohm and Haas Company and Rohm and Haas Chemicals LLC. The ITC has also determined to issue a cease and desist order prohibiting the respondents, which are located in Turkey, the Netherlands and the U.S., from importing or selling opaque polymers manufactured using any of the aforementioned misappropriated trade secrets.

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